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november 2010

Supreme Court of India · 2010-11-23

Gian Singh vs State Of Punjab & Anr

Citation / case number
AIR 2011 SC (CRIMINAL) 30
Court
Supreme Court of India
Petitioner
Gian Singh
Respondent
State Of Punjab & Anr
Bench
Gyan Sudha Misra, Markandey Katju

Judgment text excerpt

The Supreme Court directed that the cases of B.S. Joshi vs. State of Haryana, Nikhil Merchant vs. CBI, and Manoj Sharma vs. State require reconsideration by a larger bench, as they indirectly permitted the compounding of non-compoundable offences, contrary to Section 320 of the Cr.P.C. The Court emphasized that non-compoundable offences, such as those under Section 120B IPC, cannot be compounded, maintaining judicial restraint and the separation of powers. The matter is to be placed before the Chief Justice for the constitution of a larger bench.

Gian Singh vs State Of Punjab & Anr · Niyam